Willis v. Hovater

The complaint declares upon a promissory bond, with waiver of exemptions, claiming $53.25 as the balance due thereon. Plaintiff offered the instrument (note) in evidence. Defendant interposed general grounds of objection to its introduction, and moved its exclusion on the specific ground that the testimony shows the note to he for $53.25, while the note shows on its face that it is for $100.

There was no plea of non est factum. Hence, the note was admissible without preliminary proof of execution and was not subject to general objections.

Since at the time of the motion to exclude there had…